Case 2:19-cv-01059-RAJ-JRC Document 29-1 Filed 02/13/20 Page 1 of 4

1 The Honorable Richard A. Jones

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7
IN THE UNITED STATES DISTRICT COURT
8 FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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10 STATE OF WASHINGTON, et al.,

11 Plaintiffs, NO. 2:19-cv-01059-RAJ

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v.
13 [PROPOSED] ORDER
14 UNITED STATES GRANTING PLAINTIFFS’
DEPARTMENT OF THE NAVY, MOTION FOR PRELIMINARY
15 et al., INJUNCTION
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Defendants.
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18 The non-governmental plaintiffs Citizens of the Ebey’s Reserve for Healthy,

19 Safe and Peaceful Environment and Paula Spina (collectively herein, “COER”) have
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moved for a preliminary injunction. COER seeks a Court order directing the United
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22 States Department of the Navy to return the Growler operations at Whidbey Naval Air
23 Station to the numbers and geographic allocation that existed prior to the Navy’s
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implementation of its Record of Decision (Mar. 2019). The Court has considered the
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26 memoranda of law and declarations filed by COER and the Navy (Dkt. Nos. _______).

Bricklin & Newman, LLP

Attorneys at Law
[PROPOSED] ORDER GRANTING COER’S MOTION FOR PRELIMINARY 1424 Fourth Avenue, Suite 500
INJUNCTION - NO. 2:19-cv-01059-RAJ - 1 Seattle WA 98101
Tel. (206) 264-8600
Fax. (206) 264-9300
 Case 2:19-cv-01059-RAJ-JRC Document 29-1 Filed 02/13/20 Page 2 of 4

1 For the reasons set forth in more detail in the Court’s Memorandum Decision
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accompanying this Order, the Court finds that COER has met its burden of proof and
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4 that a preliminary injunction should enter.

5 In summary, COER is likely to prevail on its NEPA claims and NWPA claims.
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COER is likely to prevail on its claim that the EIS’s use of a single overall “average”
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8 DNL (day night level) metric made it impossible to compare the difference between
9 the DNL on quiet days and noisy days, frustrating NEPA’s mandate for the disclosure
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of probable impacts. COER is also likely to prevail on its claim that the EIS failed to
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12 assess noise impacts associated with the noisier enhanced engines that the Navy is using
13 on the Growlers. COER is also likely to prevail on its claim that the Navy should have
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validated the modeled noise results with real world monitoring. As to the NHPA claim,
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16 COER is likely to prevail on the claim that the Navy failed to provide a meaningful
17 explanation for its refusal to adopt the recommendations to protect Ebey’s Reserve that
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were advanced by the State Historic Preservation Officer and the Federal Advisory
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20 Council on Historic Preservation.

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COER has demonstrated overwhelming evidence of irreparable harm flowing
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from the current Growler flights. The increased Growler noise is causing irreparable
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24 injury to human health and well-being. It also is causing irreparable injury to the ability
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of COER and the public to enjoy Ebey’s Landing National Historic Preserve.
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Bricklin & Newman, LLP

Attorneys at Law
[PROPOSED] ORDER GRANTING COER’S MOTION FOR PRELIMINARY 1424 Fourth Avenue, Suite 500
INJUNCTION - NO. 2:19-cv-01059-RAJ - 2 Seattle WA 98101
Tel. (206) 264-8600
Fax. (206) 264-9300
 Case 2:19-cv-01059-RAJ-JRC Document 29-1 Filed 02/13/20 Page 3 of 4

1 The Court further finds that the balance of equities favors an injunction and that
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an injunction is in the public interest. COER’s members are suffering great hardship
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4 through no fault of their own. If anything, the Navy has misled the public by suggesting

5 for years that lower flight levels would be maintained around the Outlying Landing
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Field Coupeville. An injunction serves the public interest because the benefits will
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8 accrue not just to COER’s members but to the entire central Whidbey community and
9 even to residents and visitors in nearby Port Townsend and the San Juan Islands. The
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Court has considered the Navy’s claim that the public interest necessitates its continued
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12 training of pilots, but the Court finds that the trainings can occur under the prior (pre-
13 ROD) regime and/or at other locations available to the Navy.
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NOW, THEREFORE, the Court hereby orders the United States Department of
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16 the Navy to suspend its implementation of the Record of Decision and to return
17 Growler operations to those that existed before the ROD was implemented by the Navy.
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Dated this ____ day of March, 2020.
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22 THE HONORABLE RICHARD A. JONES

UNITED STATES DISTRICT JUDGE
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Bricklin & Newman, LLP

Attorneys at Law
[PROPOSED] ORDER GRANTING COER’S MOTION FOR PRELIMINARY 1424 Fourth Avenue, Suite 500
INJUNCTION - NO. 2:19-cv-01059-RAJ - 3 Seattle WA 98101
Tel. (206) 264-8600
Fax. (206) 264-9300
 Case 2:19-cv-01059-RAJ-JRC Document 29-1 Filed 02/13/20 Page 4 of 4

1 Presented by:
2 BRICKLIN & NEWMAN, LLP
3
By: s/David A. Bricklin
4 s/Zachary K. Griefen
David A. Bricklin, WSBA No. 7583
5
Zachary K. Griefen, WSBA No. 48608
6 1424 Fourth Avenue, Suite 500
Seattle, WA 98101
7 Telephone: 206-264-8600
Facsimile: 206-264-9300
8 E-mail: bricklin@bnd-law.com
E-mail: griefen@bnd-law.com
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Bricklin & Newman, LLP

Attorneys at Law
[PROPOSED] ORDER GRANTING COER’S MOTION FOR PRELIMINARY 1424 Fourth Avenue, Suite 500
INJUNCTION - NO. 2:19-cv-01059-RAJ - 4 Seattle WA 98101
Tel. (206) 264-8600
Fax. (206) 264-9300